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Legal Opinion by Haron Ndubi
by Bill Kagai 30 Dec '08

30 Dec '08

* A LEGAL OPINION ON THE LEGISLATIVE PROBITY AND PROCEDURE FOR THE KENYA COMMUNICATIONS (AMENDMENT) BILL 2008.* *For Kictanet through Mediacorp* *By Haron M Ndubi, Advocate* The Kenya Communications (Amendment) Bill 2008 was introduced by the government through the minister for Information to parliament. The object of the new amendment is found primarily in both the preamble and the memorandum of Objects and Reason explaining the Bill. The preamble is herewith reproduced: * "….An ACT of Parliament to amend the Kenya Communications Act, 1998, to make minor amendments to the statute law, and for connected purposes"* The long title of the 1998 Act provides thus: *"….to facilitate the development of the information and communications sector (including broadcasting, multimedia, telecommunications and postal services) and electronic commerce*" Generally speaking and found in the memorandum of objects and reasons, the Bill proposes to and indeed does affect three major sectors. 1. Communications 2. E Commerce 3. Media and Broadcasting 4. Criminal and evidence law 5. (Possibly inadvertently, the Constitution of Kenya). The objects proposing to bring developments in technology within the law so as to provide for investments in technology and to acknowledge and deal with cybercrime can hardly be faulted. Actually this has been long in coming. However, one needs to look into the cause(s) of the public and loud disquiet that has characterized debate leading to the petitions to the President to refuse to sign the Bill and return it to parliament as provided for under section 46 of the Constitution. Simply put, that section of the constitution provides the procedure for making law. Once a Bill is introduced, it goes to the House committee responsible for the matters therein for consideration. At this time the Bill is not in the house yet. The committee may make such changes as it may deem fit then approve it for the house. Upon, the tabling of the Bill, parliament debates it and decides one way or the other. If the Bill is rejected in toto. Then it may not be reintroduced onto the floor of the house until the expiry of six months. If the House amends it then it may pass with the amendments. Then it may go through the various readings until it becomes a proposed law awaiting the signature of assent from the President. (It must be noted though, that the House recently passed a raft of amendments to the Standing orders. One such is the time lapse before re introduction of a rejected bill into the house. The new rules become operational in March 2009. The new procedures allow faster, if not immediate reintroduction of a rejected Bill.) Once a Bill has been passed, on the other hand, it will be presented to the President by the Speaker for his Assent. In event the President refuses to assent to the bill, he is expected to return the bill to the Speaker, within fourteen days of such refusal. He has to accompany the refused bill with a memorandum or reasons for the refusal. Parliament is expected to; within twenty one days reconsider the Bill in consideration of the President's objections. If the House is convinced, they will make the proposed amendments and return the same to the president who SHALL then sign it into law. In event that the parliament rejects the president's objections, the bill will be returned to the president who may sign it. If he declined to sign it automatically becomes law within fourteen days of such presentation to the President. That the Kenya Communications (Amendment) Bill 2008 was proposed singularly to amend the 1998 Act is in no doubt. Therefore, the opportunity to amend the obnoxious section 88 of the 1998 Act indeed lay before the house. However, we are told that the proposal to amend section 88 of the 1998 Act was rejected at the committee stage. It was therefore not debated by the house. The question that then emerges is this; can the President take the bill back to ask that Parliament reconsiders that section 88 for repeal? My answer is YES. He can. In doing so, the president will be dealing with another function that the Attorney General would have performed. That of advising that the section 88 would be unconstitutional. He didn't in 1998, he hasn't now. If the President assents to the Bill he will do so having failed to promote the deletion of section 88 in the 1998 Act, yet he will have protected the gains relating to ICT rather than broadcasting and other media. If he refused to assent, then the question is how long will it be before it becomes law? If the Parliament stays in recess until March as envisaged, then the president may withhold his decision on the Bill until parliament resumes. This is because time will be expected to run as soon as he advises the speaker of his rejection. Should he assent, it will not be said to automatically come into force immediately. The Bill contains provision for phased implementation of the law. The minister may appoint *effective* dates either for the whole law or diverse dates for various sections. This means that the concern on time on the part of Kictanet is not resolved by the mere passing of the Bill. But there are other reasons for which the media, some political leaders, civil society and others have sought the President's refusal to assent to the law. Broadly stated the issues are three fold. 1. The power on the minister to confiscate equipment 2. The power of the government to control and regulate content 3. The lack of independence of the Regulatory body. On 1 above we have the foregoing text has a response. Without going into the merits of the other two concerns, it needs to be acknowledged that they are legitimate questions but have the potential of hamstringing one sector in favour of another. On the issue of 2 above for instance, the regulator needs to be able to help the media and the public classify material and allow it to be available for the respective client without undermining the public good. Therefore, an argument for a free hand will be inimical to public good. That said, and related to 3 a regulatory authority must be legitimate and credible. Therefore representation and greater presence of the diverse sectors responsible is a valid and legitimate concern. The initial error may have occurred when the ICT investment and advancement issues were mixed up with telecommunications and broadcasting. But that is debatable by the experts in the respective areas. In conclusion,, I would opine for two options: A). The President should be requested to expedite the decision on the Bill either way B)The President should be requested to recall parliament earlier than March so as to deal with the outstanding business. This way, if he assents to the Bill, those members of parliament opposed to the Bill could use their privileged position to move amendment motions. c)The affected sectors opposed to the existence of section 88 of the 1998 Act can move to the constitutional court and seek the judicial declaration that the section is unconstitutional thus it be repealed. -- Bildad Kagai MD - MediaCorp Limited Nairobi Stock Exchange Authorised Information Vendor Suite B2, Tetu Court, State House Avenue P. O. Box 20311 - 00200 Nairobi, Kenya Tel. 254 20 272 8332 Fax. Rendered Obsolete S - 1°17'13.8" E - 36°48'22.7" www.mediacorp.co.ke ---

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ZAIN's Club 20 Tarrif Suspended!
by Edith Adera 24 Dec '08

24 Dec '08

It was surprising to learn that subscribers are receiving notification from ZAIN that the club 20 Tarrif has been suspended for 24th December and 31st December, for what is indicated as system upgrade!! Why the specific dates of 24th and 31st December? Is it to cash in on the xmas and new year calls? What does consumer protection rights dictate? Can we hear from the regulator? Edith

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Rising voices grants
by Rebecca Wanjiku 24 Dec '08

24 Dec '08

http://globalvoicesonline.org/2008/12/23/rising-voices-seeks-micro-grant-pr… Tel. 254 720 318 925 blog:http://beckyit.blogspot.com/

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Happy Holidays (and a clarification)
by Gakuru Alex 20 Dec '08

20 Dec '08

Dear All, This is to wish you most joyful festivities adding to what you already wish yourself for happy holidays. And have a Healthy, Prosperous and clearer 2009. Alex Gakuru PS: I've received several off-list comments suggesting that I am "in-charge" of kictanet. Well,,, I am not. I have never been, in any way, involved in kictanet administrative affairs; organizational, physical, lists. Alice Munyua and Washington Odhiambo run then. <http://lists.kictanet.or.ke/mailman/listinfo/kictanet> Please direct future inquiries to Alice / Washington. The ICT Consumers Association of Kenya, runs own consumer rights advocacy/interests mailing list. <http://www.bdix.net/mailman/listinfo/ke-internetusers/> My engagement has strictly been for consumers. Sincerely, Alex

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A call for assistance in translating documents developed by W3C
by Judy Okite 19 Dec '08

19 Dec '08

We welcome your assistance translating documents developed by the World Wide Web Consortium (W3C) Web Accessibility Initiative (WAI). http://www.w3.org/WAI/translation In regards to the above request,I wanted to share info from one of the most interesting sessions that I attended at the recently concluded IGF. *Internet accessibility for persons with disabilities *The internet is about empowerment. Access to information and communication is a key aspect for participation in society. If people with disabilities are to exercise their rights actively, participate and make choices about their lives, it is essential that they can access information through adequate communication systems. For many people with disabilities, accessibility of Internet is a pre-requisite, a stepping stone for getting access to education, employment, health care, etc.. Persons with disability are primary stakeholders when It comes to the Internet development, thus should be fully Involved regarding the development of standards and the design of new communication and Information systems .What we all have to remember, is, in order to bridge the digital divide this group of persons must be included and empowered. - It is essential that all web content be accessible and understood by persons with sensory, physical or cognitive disabilities. - Websites need to be transformed to meet the accessibility standard - Information accessibility in remote areas and disadvantage groups should be given priority The Web Content Accessibility Guidelines (WCAG),stipulates that all web content must be: - Perceivable - Operable - Understandable - Compatible ATAG (Authoring Tool Accessibility Guidelines) defines how authoring tools should help Web developers produce Web content that is accessible and conforms to the Web Content Accessibility Guidelines (WCAG). ATAG also defines how to make authoring tools accessible so that people with disabilities can use them The authoring tool accessibility guidelines 2.0,will be published in December 2008 and its adoption, immediate, by all stake holders. For Access for persons with Disabilities to be on equal basis with others ,we need; Accessible Web Design  Promoting Accessibility and ICT on the web to minimize cost at early stage in design ,development, production and distribution  Promote Universal Design in Development of Standards & Guidelines  Promote Assistive Technologies in Research, Development, Availability and Affordability  Provide Accessible Information about New Technologies and Support Services Best Practices for Government should include and not limited to;  Mainstreaming Disability Issues for sustainable development  Supporting Cross-Disability Stakeholder Engagement  Promoting Accessible Web Sites & Documents Resource  Free online information www.tiresias.org/publications/ disabilities_standardisation/ index.htm Closing remarks from the chair; There is a great need to have international and national legal instruments such as the United Nations Convention on the rights of People with Disabilities to promote accessibility for persons with disabilities This is a very personal and emotional remark, but we cannot allow isolation of a part of the population due to lack of appropriate functionality that prevents the use of ICT resources by everybody to the fullest possible degree. Links with further information and initiatives: http://www.icdri.org/ http://www.w3.org/WAI/gettingstarted/Overview.html http://www.itu.int/themes/accessibility/dc/ Food for thought: *Is your website accessible, understandable and perceivable by everyone? *Kind Regards, -- "Each of us is great insofar as we perceive and act on the infinite possibilities which lie undiscovered and unrecognized about us." James Harvey Robinson

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Google vs Transparency
by Judy Okite 19 Dec '08

19 Dec '08

I love this!! Find the reading on the link,below http://news.cnet.com/surveillance-state/?authorId=9750511 Kind Regards, -- "Each of us is great insofar as we perceive and act on the infinite possibilities which lie undiscovered and unrecognized about us." James Harvey Robinson

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Comments on Bill Posted Online
by Edith Adera 19 Dec '08

19 Dec '08

Dr Ndemo, Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as presented to parliament) available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to “our right to know”? I’ve carefully read through these sections of the bill and have some comments: 1. Apart from the gender Insensitivity of this clause “46Q b) that person provides broadcasting services in an area for which HE is not licensed to broadcast;”, I’ve some substantive comments here below: 2. Section “46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d) prescribing anything that may be prescribed under this Part. Comment: I worry about the unspecified powers to prescribe content and “anything that may be prescribed” by the Minister – given our past, what are the implications?. who makes regulation? Minister or Regulator? 3. section “46H (1) The Commission shall have the power to set standards for the manner, time, and type of programmes to be broadcast by licensees under this Act.” Comment – might this limit creativity and public opinion type programming that allows free speech? I’ve concerns about this section below: 4. Section “88.(1) On the declaration of any public emergency or in the interest of public safety and tranquility, the Minister for the time being responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication, that any communication within Kenya from any person or class of persons relating to any particular subject shall be intercepted and disclosed to such person as may be specified in the direction; (c) in the case of postal services, that any postal article or class or description or postal article in the course of transmission by post within Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct.” Comment: what constitutes “interest of public safety and tranquillity” – this is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of personal insecurity, isolation and denied persons their “right to know” and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause? Lets remember that these laws will not only serve today but future generations with different leaders. Edith

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SEASONS GREETINGS!
by nancy bosire 19 Dec '08

19 Dec '08

Dear Customers, Clients & Prospective Clients/Customer, *and a prosperous 2009!* Looking forward to doing more business with you! >From the staff and management of Blueline Synergy Limited Nancy Bosire *Managing Director* Blueline Synergy Limited 1st Floor, New Rehema Hse, Rhapta Road, Westlands Tel: 020 2317230/29 Mobile: 0721907995 info@bluelinesynergy.com,nancy@bluelinesynergy.com http://www.bluelinesynergy.com Domain Registration.Web Design & Hosting.Software Development.LAN/WAN setup.Maintenance.Projectors.New/Used PCs & Laptops.Computer Accessories.Office Stationary "Your consistent thoughts create your consistent results." " It's difficult balancing optimism & realism, intuision & planning, faith & fact. But that's what it takes to be effective as a navigating leader."

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Sales and Marketing Executives
by nancy bosire 19 Dec '08

19 Dec '08

PLEASE FWRD I need two sales and marketing executives to be paid on commission starting January 5th 2009. my company offers ICT related goods and services. They should preferably be ladies. experience is not a must but a great personality and confidence is a must. please send CV to nancy(a)bluelinesynergy.com -- Sincerely yours, Nancy Bosire Managing Director Blueline Synergy Limited Tel: 020 2317230/29 Mobile: 0721907995 info@bluelinesynergy.com,nancy@bluelinesynergy.com http://www.bluelinesynergy.com Domain Registration.Web Design & Hosting.Software Development.LAN/WAN setup.Maintenance.Projectors. New/Used PCs & Laptops.Computer Accessories.Office Stationary "Your consistent thoughts create your consistent results." "Whatever your mind expects and demands, it will find a way to produce it." - Napoleon Hill Mahatma Gandhi once said:- First they ignore you, Then they laugh at you, Then they fight you, AND THEN YOU WIN!!!

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Seasons Greetings & Update from Kenya BPO Society.
by Joseph Ochola 19 Dec '08

19 Dec '08

Dear Colleague, Seasons greetings from the Kenya BPO & Contact Centre Society. As 2008Draws to an end, we want to take this opportunity to recap on the progress the Society has made during the 2008 year. 1. Marketing and PR. · The marketing and PR Committee drafted a 3 year marketing and PR strategy that will aim at positioning Kenya as a preferred outsourcing destination. Aware of the fact that as a country we face stiff competition from Mauritius, S. Africa and Egypt, the strategy aims to give Kenya a competition edge over these countries. · KBPOCCS also launched the “Outsource2Kenya” Brand on the Month of October which will be used in marketing communications, provide an online platform for outsourcers to place their tenders, Bid for outsourcing tenders and get information on latest industry news. Log on to www.outsource2kenya.co.ke · KBPOCCS played an integral role in organizing Kenya's participation at the recently concluded Call Centre Expo in Birmingham. There was keen interest in offshoring to Kenya, by several large UK corporations such as; Cisco, Barclays UK, Capital Finance among others . The BPO Society is following up on these. The Society also referred interested outsourcers to our website where all our corporate members are listed, so they can get in contact with BPO's in Kenya whom they can discuss the possibilities of outsourcing. · The Marketing Committee has identified some key events for marketing Kenya over the next twelve months. · The Society is developing initiatives to kick start the Domestic Outsourcing industry in Kenya. · Organized one to one meetings with two potential outsourcers who had a chance to visit some of the Local BPO’s and Call Centres. Planned activities for the coming year that will actively involve raising International and Local awareness of Kenya as an offshore call centre destination will consist of; 1. Organizing and Attending International Exhibitions, Conferences and Workshops in regards to BPO and Contact Centre 2. One to One meetings with potential outsourcers 3. Advertising in international trade press 4. Media publicity in both local and international media 5. Knowledge series seminars targeted at various decision makers in the Kenyan Corporate scene. 6. Organizing and facilitating events such as; Entrepreneurship seminars, Training workshops etc. 7. Lobbying Government agencies and Ministries. 8. Joint Venture partnerships with international firms interested in outsourcing deals with Kenya. 2. 2. Training. * The Training Committee of the KBPOCCS has completed developing a Training Competency Framework in order to establish and enforce internationally recognized certifications and skills in the industry. It will be officially launched in the first quarter of 2009. * This will not only be a selling point for Kenya, both among local and international players, but will position the society as the first stop for information concerning accredited training institutions and human resource capacity in this sector. The Training Competency Framework has been aligned with existing International competency frameworks. To achieve this objective, the Training Committee plans to carry out the following activities: 1) Develop a draft TCF for Kenya adapted from internationally recognized certifying bodies 2) Hold a 3-day retreat to review the draft TCF and provide input 3) Review the curriculum currently being offered by BPO/CC training institutions in Kenya and attempt to align this with the draft Kenya Competency Framework; 4) Launch of the TCF 5) Develop a strategy for marketing the TCF to the industry stakeholders 6) Develop a TCF enforcement strategy in conjunction with the Ministry of Higher Education and conduct impact assessments 7) Conduct an assessment of Kenyan organizations to find out the skills/knowledge required for employees to excel in this industry 8) Hold 2 public forums targeting the youth (seeking training) and employers, to educate them of the TCF and present a list of institutions offering certified courses 9) Develop a database of certified personnel, in conjunction with accredited institutions 3. 3. Standards & Ethics. · The KBPOCCS officially launched the Standards and Ethics Draft document in July 2008 with an aim of establishing high standards of ethical business practices. · These standards will ensure that the Country builds a highly skilled workforce for delivering superior customer experiences that will reinforce the brand value. The Society is collaborating with various government agencies as well as strategic international partnerships to ensure that Kenya develops world class standards. · With the above in mind, strict follow up procedures and processes will have to be put in place to monitor the progress of the above mentioned. 4. Other Notable Developments · KBPOCCS successfully lobbied The Communications Commission of Kenya (CCK) to reduce the BPO lincense fee from Kshs. 100,000 to Kshs. 10,000. · The KBPOCCS, through constant lobbying to the Government, Kenya ICT Board managed to secure Bandwidth subsidy support that will aim at cushioning the cost of Bandwidth in the country until the fibre optic cable project is complete. THANK YOU for a wonderful and very exciting year. We hope you will to continue being active participants in this growing industry. On behalf of the Chair of the Kenya BPO & Contact Centre Society and the Executive Board, we wish you all HAPPY HOLIDAYS and a WONDERFUL & PROSPEROUS 2009 Kind Regards, Joseph Ochola Executive Officer Kenya BPO & Contact Centre Society. Studio House, along Argwings Kodhek road, 2nd floor E-mail: secretariat(a)kenyabposociety.or.ke Website: www.kenyabposociety.or.ke Tel. No. /020-2391301/ 0722-663176/ 0733-917518 _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: joseph.ochola(a)yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/joseph.ochola%40yahoo.…

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(no subject)
by Okulo Anthony 18 Dec '08

18 Dec '08

Anthony Okulo Okulo & Company Advocates Eden Square Complex PO Box 856-00606 Chiromo Road Westlands Nairobi Tel. 3673004 Fax. 36732323

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Re: [kictanet] [ke-internetusers] Kenya communications (amendment) Bill: Is media overacting?
by Wainaina Mungai 18 Dec '08

18 Dec '08

Might we be making a step forward.... I gather all TV stations shall televise the Live Debate on the Communications Bill tonight from 9:30pm The idea is to have Paul Muite, David Makali face off with PS Ndemo, Hon. Poghisio. Maybe we'll reach a middle ground tonight...instead of a trying to identify a "winner". There should be a point when we give an take...and maybe, tonight is the night ;-) WM On 12/17/08, Gakuru Alex <alexgakuru.lists(a)gmail.com> wrote: > Hi Gilda, > > > On Wed, Dec 17, 2008 at 8:49 AM, Gilda Odera <godera(a)skyweb.co.ke> wrote: > >> My greatest concern is that in all this back and forth accusations, the >> baby will well be thrown with the water. >> > ... > > Given that the ICT industry is in dire need of the electronic transaction >> and data protection legal frameworks, amongst many other things in >> the proposed bill, why can't the contentious media issues be removed for >> further discussion so that other things can continue? The ICT industry has >> waited too long for this Bill. It was lumped with the media acts and now >> there is too much at stake. Is it too much to ask the Government to remove >> the contentious media issues from the Bill so the industry does not lose >> more time on this?How will those thousands of jobs be created if there is >> no >> agreement on the Bill. And how will media operate if the Bill is passed >> with >> such contentious issues? >> > > I feel you. > > > >> Can government meet industry players halfway by removing the contentious >> issues and letting the Bill be assented to without these issues so both >> industries do not suffer and delays please. It has to be a give and take. >> > > >From other discussants contributions, it appears that if the (Executive arm > of) government did this it'd be flouting due legislative process. i.e. > breaking the law. I stand to be corrected. > > Happy Holidays > > > >> >> >> ----- Original Message ----- >> *From:* Mike Theuri <mike.theuri(a)gmail.com> >> *To:* Gilda Odera <godera(a)skyweb.co.ke> >> *Cc:* KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> >> *Sent:* Tuesday, December 16, 2008 12:47 PM >> *Subject:* Re: [kictanet] [ke-internetusers] >> Kenyacommunications(amendment)Bill: Is media overacting? >> >> Brian, >> >> I hope that the media and other interested parties have taken a cue from >> the recent happenings and will now take time to study and understand the >> bill. Hopefully the media's petition via the PM was concrete and included >> alternative workable proposals. If it did not, the President and anyone >> else >> involved in taking appropriate action will not have much to work with. >> >> I agree that K24 should be commended for demonstrating professionalism and >> leadership. A debate cannot be productive if opposite sides do not engage >> freely and openly, neither can it be helpful if either party is not fully >> informed so as to understand where the other side is coming from. For this >> reason the media would do well to understand the bill not for the famous >> clause but for its provisions and work from that standpoint. >> >> It can also be hoped that all involved will take away valuable lessons on >> the need to be proactive in the legislative process. >> >> On Tue, Dec 16, 2008 at 1:33 AM, Brian Longwe <blongwe(a)gmail.com> wrote: >> >>> Mike, >>> >>> I could not agree with you more. What we are witnessing is rabid calls >>> for >>> deletion of a legal clause that has been in existence since 1998, and >>> isn't >>> even part of the proposed amendments - without a proposed alternative. >>> >>> It is abundantly clear that neither the media practitioners, neither the >>> civil society pundits or politicos that are baying in the streets have >>> really taken time to read through any of this legislation, nor consider >>> suitable alternatives. >>> >>> I personally think that this episode will serve as a lesson for many - >>> knee-jerk, reactionary statements that are based on speculation and >>> hyperbole can only lead to confusion and eventually embarassment. >>> >>> I give a thumbs up to the likes of K24 who have taken a very neutral >>> stand >>> and chosen to air both sides of the story and work more towards >>> enlightenment than further fuel the outright lies and misrepresentation >>> that >>> our airwaves have been awash with over the past few days. >>> >>> Brian >>> >>> On Tue, Dec 16, 2008 at 10:06 AM, Mike Theuri >>> <mike.theuri(a)gmail.com>wrote: >>> >>>> Crystal, >>>> >>>> Actually, the right to assemble, discuss in public and protest was never >>>> taken away by the Patriot act. Numerous protests and marches have taken >>>> place over the Iraq war, Immigration etc since then and have been >>>> widely covered. Indeed if one was pay a visit to the environs of the >>>> White >>>> house, one will find no shortage of protesters demonstrating any number >>>> of >>>> issues from Guantanamo by dressing in orange jump suits and locking >>>> themselves in cages, Darfur, Tibetans acting out torture methods, to >>>> calling the current US administration fascist or for its removal as long >>>> as >>>> they do not interfere with others freedoms by being disruptive. The >>>> Patriot Act still stands to date, however a few of its provisions >>>> have sunset and are no longer in law thanks to a refined legislative >>>> process >>>> that pays attention to constituents views. >>>> >>>> The separation of powers principle is best exemplified in the US. The >>>> Judiciary's independence is one that should be emulated in Kenya. The >>>> fact >>>> that unconstitutional laws can be challenged and struck down by the >>>> courts >>>> is itself a protection against the infringement of citizen and >>>> non-citizens >>>> rights. Take for instance cases such as that of Bin Laden's driver >>>> (Hamdan >>>> v. Rumsfeld) or the 5 Algerian Guantanamo detainees where the US >>>> Government did not win in both cases. The fact that members of congress >>>> have >>>> signaled their intent to restore habeus corpus rights to detainees is in >>>> itself an indication of standing up for principle even when popular >>>> opinion >>>> may not agree with some principles of basic human rights. There is a lot >>>> of >>>> work and reform to be done locally, in ensuring that the different arms >>>> of >>>> Government can be as independent and those who are aggrieved by the >>>> legislature at least have an avenue of resort in which they can place >>>> their >>>> confidence to fairly strike down what could be considered >>>> unconstitutional. >>>> >>>> At the same time excessive freedom and its abuse is dangerous, were >>>> Kenya >>>> the US, elements of the media who engaged in deliberate acts at the >>>> beginning of the year would be in court today being held civilly liable >>>> for >>>> their role in inciting violence that led to the deaths of civilians. >>>> Media >>>> elements that act recklessly and carry inappropriate content would be >>>> paying >>>> hefty fines that could easily bankrupt them if they chose not change >>>> their >>>> ways. Yet we find that even with such regulations, the US media has a >>>> level >>>> of freedom that is not quite paralleled around the world. I believe it >>>> is >>>> clear that the contentious section 88 has always been present, it is not >>>> new, and thus the Government cannot possibly be trying to now use it to >>>> suppress the people's voices. As with every system there need to be >>>> checks >>>> and balances, the media has called for deletion, an approach that faces >>>> legal hurdles, but the media has not been seen to come up with clear cut >>>> alternatives such as amendments that could make it very difficult if not >>>> impossible for section 88 to be abused, these are the checks the media >>>> could >>>> be lobbying for placement in the memorandum. The media fraternity might >>>> not >>>> be law makers but they could certainly spend amounts such as the Ksh. 2m >>>> spent on advertising a prayer meeting to explain in layman terms what >>>> *alternatives* as protections they want to be included in the bill. One >>>> way >>>> or another there will be laws that deal with the media, a reality the >>>> media >>>> should accept and work towards defining rather than wishing the >>>> inevitable >>>> goes away. >>>> >>>> On Mon, Dec 15, 2008 at 11:23 AM, Crystal Watley < >>>> crystal(a)voicesofafrica.org> wrote: >>>> >>>>> The Patriot Act was established in the United States in light of >>>>> terrorist activities and the Iraqi war to silence any public discussion >>>>> or >>>>> protest. The US government was able to make a list of organizations and >>>>> people they considered to be "terrorists" and to use a variety of means >>>>> powers to contain those they believed to be "dangerous to US >>>>> interests". >>>>> This Act was used to arrest many peaceful protesters, environmental >>>>> activists, and to detain Muslims without trial for extended period of >>>>> time >>>>> at places like Guantanamo Bay. Every democratic government must respect >>>>> human rights. The Patriot Act was a time bound piece of legislature and >>>>> it >>>>> has thus lapsed. Democratic governments should not attempt to use >>>>> legislation to suppress the voice of the people. Kenya is not the only >>>>> country where a minority of the population with vested interests have >>>>> attempted and have often succeeded to dominate and control the >>>>> population. >>>>> We should learn from the lessons of history, rather than repeat the >>>>> same >>>>> mistakes. >>>>> >>>>> Crystal >>>>> >>>>> On Mon, Dec 15, 2008 at 7:35 PM, <bitange(a)jambo.co.ke> wrote: >>>>> >>>>>> David, >>>>>> I thought this UK law would make our section 88 look like an evening >>>>>> game >>>>>> of soccer. From the Independent. >>>>>> >>>>>> 23 November 2003 >>>>>> >>>>>> Sweeping measures to deal with terrorist attacks and other emergencies >>>>>> are >>>>>> to be announced this week, giving the Government power to over-ride >>>>>> civil >>>>>> liberties in times of crisis, and evacuate threatened areas, restrict >>>>>> people's movements and confiscate property. >>>>>> >>>>>> The Civil Contingencies Bill, which covers every kind of disaster from >>>>>> terrorism to the weather, will be the biggest shake-up of emergency >>>>>> laws >>>>>> since the early part of the last century, replacing legislation which >>>>>> saw >>>>>> the UK through a world war and the IRA bombing campaign. >>>>>> >>>>>> Some of the proposals in the draft version of the Bill, drawn up in >>>>>> the >>>>>> summer, have alarmed civil rights activists, notably a clause that >>>>>> gives >>>>>> the Government the power to suspend parts or all of the Human Rights >>>>>> Act >>>>>> without a vote by MPs. >>>>>> >>>>>> Once an emergency has been proclaimed by the Queen, the Government can >>>>>> order the destruction of property, order people to evacuate an area or >>>>>> ban >>>>>> them from travelling, and "prohibit assemblies of specified kinds" and >>>>>> "other specified activities". >>>>>> >>>>>> If these rules had been in force during the Iraq war, critics say, >>>>>> they >>>>>> could have been used to to ban street demonstrations, making anyone >>>>>> who >>>>>> travelled to protest guilty of a criminal offence. After a major >>>>>> terrorist >>>>>> attack, forums made up of local councils, the emergency services and >>>>>> utility companies would be put in charge of trying to get shattered >>>>>> communities back together. >>>>>> >>>>>> >>>>>> Ndemo. >>>>>> >>>>>> >>>>>> >>>>>> >>>>>> > Ok. Thanks. >>>>>> > >>>>>> > Sent from my BlackBerry(R) wireless device >>>>>> > >>>>>> > -----Original Message----- >>>>>> > From: bitange(a)jambo.co.ke >>>>>> > >>>>>> > Date: Mon, 15 Dec 2008 19:12:04 >>>>>> > To: <dmakali(a)yahoo.com> >>>>>> > Cc: <bitange(a)jambo.co.ke>; KICTAnet ICT Policy >>>>>> > Discussions<kictanet(a)lists.kictanet.or.ke> >>>>>> > Subject: Re: [kictanet] [ke-internetusers] Kenya >>>>>> > communications(amendment)Bill: Is media overacting? >>>>>> > >>>>>> > >>>>>> > David, >>>>>> > There was a hitch. It will be in all papers tomorrow and will >>>>>> > ensure >>>>>> you >>>>>> > get the soft copy. >>>>>> > >>>>>> > >>>>>> > Ndemo. >>>>>> > >>>>>> > >>>>>> > >>>>>> >> >>>>>> >> I have treid to find the amended bill online with no success; was >>>>>> >> it >>>>>> >> uploaded as promised? someone please? >>>>>> >> david >>>>>> >> >>>>>> >> >>>>>> >> _______________ >>>>>> >> >>>>>> >> "If my doctor told me I had only six minutes to live, >>>>>> >> I wouldn't brood. I'd type a little faster." >>>>>> >> â€" Isaac Asimo, Columbian Author and Scientist >>>>>> >> _______________ >>>>>> >> >>>>>> >> PO Box 3234 >>>>>> >> 00200 Nairobi, Kenya >>>>>> >> cell: +254 722 517 540 >>>>>> >> >>>>>> >> >>>>>> >> --- On Mon, 12/15/08, bitange(a)jambo.co.ke <bitange(a)jambo.co.ke> >>>>>> wrote: >>>>>> >> >>>>>> >>> From: bitange(a)jambo.co.ke <bitange(a)jambo.co.ke> >>>>>> >>> Subject: Re: [kictanet] [ke-internetusers] Kenya >>>>>> >>> communications(amendment)Bill: Is media overacting? >>>>>> >>> To: dmakali(a)yahoo.com >>>>>> >>> Cc: "KICTAnet ICT Policy Discussions" < >>>>>> kictanet(a)lists.kictanet.or.ke> >>>>>> >>> Date: Monday, December 15, 2008, 1:04 AM >>>>>> >>> Mike, >>>>>> >>> Thank you for your objective views. You know very well >>>>>> >>> that there are >>>>>> >>> thousands of youth out there who have patiently waited for >>>>>> >>> this bill to >>>>>> >>> allow them trade on-line. Now Media calls theirs. >>>>>> >>> >>>>>> >>> The outcomes of the Kriegler and Waki would hopefully deal >>>>>> >>> with political >>>>>> >>> impunity. Who will deal with media impunity? In my view >>>>>> >>> we must push >>>>>> >>> this Bill to ensure that electronic media does not continue >>>>>> >>> to corrupt our >>>>>> >>> children's minds. >>>>>> >>> >>>>>> >>> Ndemo. >>>>>> >>> >>>>>> >>> >>>>>> >>> > Dr. Ndemo, >>>>>> >>> > >>>>>> >>> > I hope that the media note that they are on the wrong >>>>>> >>> path and move to >>>>>> >>> > change their approach. In hindsight they might realize >>>>>> >>> that the issues at >>>>>> >>> > hand could have been tackled differently.The >>>>>> >>> media's most recent actions >>>>>> >>> > only make it more difficult to resolve the very same >>>>>> >>> issues they are >>>>>> >>> > protesting. >>>>>> >>> > >>>>>> >>> > The Nation's editorial perhaps represents the >>>>>> >>> divergence in views between >>>>>> >>> > the media owners, their supporters and responsible >>>>>> >>> journalists who may >>>>>> >>> > have >>>>>> >>> > seen that things are steering in a dangerous >>>>>> >>> direction. As the matter >>>>>> >>> > drags >>>>>> >>> > on, various elements will try to take advantage and >>>>>> >>> jump onto the >>>>>> >>> > bandwagon >>>>>> >>> > to further certain agendas. It is this catalyst that >>>>>> >>> is worrisome, as >>>>>> >>> > there >>>>>> >>> > is the possibility that just as the media issue has >>>>>> >>> somehow been tied to >>>>>> >>> > economic issues, the media issue could easily be >>>>>> >>> misused by those who have >>>>>> >>> > little to do with the media. >>>>>> >>> > >>>>>> >>> > The country has many volatile problems that should not >>>>>> >>> be exploited, some >>>>>> >>> > of >>>>>> >>> > those jumping onto the media bandwagon may be seeking >>>>>> >>> to detract from >>>>>> >>> > matters facing them, others have personal agendas in >>>>>> >>> mind that can only >>>>>> >>> > progress if they are disguised as media and economic >>>>>> >>> issues. The media >>>>>> >>> > hopefully is looking at these issues in a responsible >>>>>> >>> manner, will >>>>>> >>> > exercise >>>>>> >>> > diplomacy and engage the Government in a civil way as >>>>>> >>> the best way to >>>>>> >>> > resolve the impasse. There are many Kenyans suffering >>>>>> >>> today from matters >>>>>> >>> > not >>>>>> >>> > within their control, it is a dangerous thing for the >>>>>> >>> media to act in a >>>>>> >>> > way >>>>>> >>> > that could easily stir these masses to non-civil >>>>>> >>> action as measures are >>>>>> >>> > being taken to alleviate these problems. The media has >>>>>> >>> a corporate >>>>>> >>> > responsibility in ensuring that it exhausts all civil >>>>>> >>> means of ensuring >>>>>> >>> > the >>>>>> >>> > matters are resolved. >>>>>> >>> > >>>>>> >>> > It is encouraging to know that the Government is open >>>>>> >>> for discussion, but >>>>>> >>> > there is only so much that the Government can do on >>>>>> >>> legislative matters. >>>>>> >>> > The >>>>>> >>> > Government can draft, prepare and adjust laws but it >>>>>> >>> cannot pass the same >>>>>> >>> > in >>>>>> >>> > parliament. The media must do more on its own in >>>>>> >>> approaching not just key >>>>>> >>> > leaders but ultimately the legislators who actually >>>>>> >>> vote to pass the same >>>>>> >>> > laws. >>>>>> >>> > >>>>>> >>> > >>>>>> >>> > On Sun, Dec 14, 2008 at 5:11 PM, >>>>>> >>> <bitange(a)jambo.co.ke> wrote: >>>>>> >>> > >>>>>> >>> >> Thanks Theuri, >>>>>> >>> >> Since Government is open for discussion, diplomacy >>>>>> >>> would yield better >>>>>> >>> >> results. I have seen their action plan which by >>>>>> >>> the way violates cck >>>>>> >>> >> licence agreement it is not the best rout to take. >>>>>> >>> Having spent all >>>>>> >>> >> weekend >>>>>> >>> >> using public resources (frequencies) to propagate >>>>>> >>> violence, they should >>>>>> >>> >> at >>>>>> >>> >> least wait to hear from cck. >>>>>> >>> >> >>>>>> >>> >> If you read today's Nation editorial on how to >>>>>> >>> end impunity including >>>>>> >>> >> media >>>>>> >>> >> impunity you wonder if they are the same people >>>>>> >>> inciting the public to >>>>>> >>> >> violence. >>>>>> >>> >> >>>>>> >>> >> Ndemo >>>>>> >>> >> Sent from my BlackBerry(R) >>>>>> >>> >> >>>>>> >>> >> -----Original Message----- >>>>>> >>> >> From: "Mike Theuri" >>>>>> >>> <mike.theuri(a)gmail.com> >>>>>> >>> >> >>>>>> >>> >> Date: Sun, 14 Dec 2008 13:19:01 >>>>>> >>> >> To: <bitange(a)jambo.co.ke> >>>>>> >>> >> Cc: KICTAnet ICT Policy >>>>>> >>> Discussions<kictanet(a)lists.kictanet.or.ke> >>>>>> >>> >> Subject: Re: [kictanet] [ke-internetusers] Kenya >>>>>> >>> communications >>>>>> >>> >> (amendment)Bill: Is media overacting? >>>>>> >>> >> >>>>>> >>> >> >>>>>> >>> >> _______________________________________________ >>>>>> >>> >> kictanet mailing list >>>>>> >>> >> kictanet(a)lists.kictanet.or.ke >>>>>> >>> >> >>>>>> >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >>>>>> >>> >> >>>>>> >>> >> This message was sent to: bitange(a)jambo.co.ke >>>>>> >>> >> Unsubscribe or change your options at >>>>>> >>> >> >>>>>> >>> >>>>>> http://lists.kictanet.or.ke/mailman/options/kictanet/bitange%40jambo.co.ke >>>>>> >>> >> >>>>>> >>> >> >>>>>> >>> > >>>>>> >>> > ---------------------------------------------- >>>>>> >>> > This message has been scanned for viruses and >>>>>> >>> > dangerous content by Jambo MailScanner, and is >>>>>> >>> > believed to be clean. >>>>>> >>> > --------------------------------------------- >>>>>> >>> > "easy access to the world" >>>>>> >>> > >>>>>> >>> > >>>>>> >>> >>>>>> >>> >>>>>> >>> >>>>>> >>> ---------------------------------------------- >>>>>> >>> This message has been scanned for viruses and >>>>>> >>> dangerous content by Jambo MailScanner, and is >>>>>> >>> believed to be clean. >>>>>> >>> --------------------------------------------- >>>>>> >>> "easy access to the world" >>>>>> >>> >>>>>> >>> >>>>>> >>> _______________________________________________ >>>>>> >>> kictanet mailing list >>>>>> >>> kictanet(a)lists.kictanet.or.ke >>>>>> >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >>>>>> >>> >>>>>> >>> This message was sent to: dmakali(a)yahoo.com >>>>>> >>> Unsubscribe or change your options at >>>>>> >>> >>>>>> http://lists.kictanet.or.ke/mailman/options/kictanet/dmakali%40yahoo.com >>>>>> >> >>>>>> >> >>>>>> >> >>>>>> >> >>>>>> >> ---------------------------------------------- >>>>>> >> This message has been scanned for viruses and >>>>>> >> dangerous content by Jambo MailScanner, and is >>>>>> >> believed to be clean. >>>>>> >> --------------------------------------------- >>>>>> >> "easy access to the world" >>>>>> >> >>>>>> >> >>>>>> > >>>>>> > >>>>>> > >>>>>> > ---------------------------------------------- >>>>>> > This message has been scanned for viruses and >>>>>> > dangerous content by Jambo MailScanner, and is >>>>>> > believed to be clean. >>>>>> > --------------------------------------------- >>>>>> > "easy access to the world" >>>>>> > >>>>>> > >>>>>> > ---------------------------------------------- >>>>>> > This message has been scanned for viruses and >>>>>> > dangerous content by Jambo MailScanner, and is >>>>>> > believed to be clean. >>>>>> > --------------------------------------------- >>>>>> > "easy access to the world" >>>>>> > >>>>>> > >>>>>> >>>>>> >>>>>> >>>>>> ---------------------------------------------- >>>>>> This message has been scanned for viruses and >>>>>> dangerous content by Jambo MailScanner, and is >>>>>> believed to be clean. >>>>>> --------------------------------------------- >>>>>> "easy access to the world" >>>>>> >>>>>> >>>>>> _______________________________________________ >>>>>> kictanet mailing list >>>>>> kictanet(a)lists.kictanet.or.ke >>>>>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >>>>>> >>>>>> This message was sent to: crystal(a)voicesofafrica.org >>>>>> Unsubscribe or change your options at >>>>>> http://lists.kictanet.or.ke/mailman/options/kictanet/crystal%40voicesofafri… >>>>>> >>>>> >>>>> >>>>> >>>>> -- >>>>> Crystal "Naliaka" Watley >>>>> Voices of Africa >>>>> crystal(a)voicesofafrica.org >>>>> http://www.voicesofafrica.org/ >>>>> >>>>> "You must be the change you wish to see" - Gandhi >>>>> >>>>> _______________________________________________ >>>>> kictanet mailing list >>>>> kictanet(a)lists.kictanet.or.ke >>>>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >>>>> >>>>> This message was sent to: mike.theuri(a)gmail.com >>>>> Unsubscribe or change your options at >>>>> http://lists.kictanet.or.ke/mailman/options/kictanet/mike.theuri%40gmail.com >>>>> >>>>> >>>> >>>> _______________________________________________ >>>> kictanet mailing list >>>> kictanet(a)lists.kictanet.or.ke >>>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >>>> >>>> This message was sent to: blongwe(a)gmail.com >>>> Unsubscribe or change your options at >>>> http://lists.kictanet.or.ke/mailman/options/kictanet/blongwe%40gmail.com >>>> >>>> >>> >>> >>> -- >>> Brian Munyao Longwe >>> e-mail: blongwe(a)gmail.com >>> cell: + 254 722 518 744 >>> blog : http://zinjlog.blogspot.com >>> meta-blog: http://mashilingi.blogspot.com >>> >> >> ------------------------------ >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: godera(a)skyweb.co.ke >> Unsubscribe or change your options at >> http://lists.kictanet.or.ke/mailman/options/kictanet/godera%40skyweb.co.ke >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: alexgakuru.lists(a)gmail.com >> Unsubscribe or change your options at >> http://lists.kictanet.or.ke/mailman/options/kictanet/alexgakuru.lists%40gma… >> >> > -- Sent from my mobile device --- http://www.bungesms.com TWITTER - http://www.twitter.com/bungesms KABISSA.org - http://www.kabissa.org/about/news/member-spotlight-made-kenya-network KAMPALA Workshop presentation - http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenya…

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GISPA global RFP for bulk purchase of 2 STM1s
by Eric M.K Osiakwan 18 Dec '08

18 Dec '08

Apologies for crossposting..... Eric M.K Osiakwan Director Internet Research www.internetresearch.com.gh emko(a)internetresearch.com.gh 42 Ring Road Central, Accra-North Tel: +233.21.258800 ext 7031 Fax: +233.21.258811 Cell: +233.24.4386792

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This Thing Will Not End Well...
by Bill Kagai 17 Dec '08

17 Dec '08

The Zen Master [He of the liver juggling fame] warned that [sic] this thing [M-PESA] might not end well. One possible reason for this legendary statement was that he knew, unlike in transport, we do not have an equivalent of his 'Michuki Rules' in the ICT sector. In as much as we support the Media fraternity in the concerns they have about the Communications Bill, they ought to understand that there is a whole bunch of legislation which sector players have toiled hard to see it get in to this level of bill making in Kenya. The Media might have reasonable penetration into the public, but our ICT technology is un-matched in terms of penetration. With over 6 million Kenyans directly or indirectly benefiting from money transactions through their cell phones and well over double this number benefiting from communication, it's high time we agreed on this matter. If President-Elect Obama was in Kictanet, he would remind us of the bottom-up approach, where we can collect 6 million signatures of 'kawaida' Kenyans who benefit immensely from services such as M-Pesa to also petition the President on why he should sign this bill with 'Further Ammendments'. If we want 'this thing to end well', at least let us get the ICT Bill signed with a 'Further Ammendment' requesting Parliament to consider the sections the Media has issues with and ofcourse with our whole hearted support to the Media. -- Bildad Kagai MD - MediaCorp Limited Nairobi Stock Exchange Authorised Information Vendor Suite B2, Tetu Court, State House Avenue P. O. Box 20311 - 00200 Nairobi, Kenya Tel. 254 20 272 8332 Fax. Rendered Obsolete S - 1°17'13.8" E - 36°48'22.7" www.mediacorp.co.ke ---

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Re: [kictanet] [ke-internetusers] Kenya communications(amendment)Bill: Is media overacting?
by bitange＠jambo.co.ke 17 Dec '08

17 Dec '08

David, I thought this UK law would make our section 88 look like an evening game of soccer. From the Independent. 23 November 2003 Sweeping measures to deal with terrorist attacks and other emergencies are to be announced this week, giving the Government power to over-ride civil liberties in times of crisis, and evacuate threatened areas, restrict people's movements and confiscate property. The Civil Contingencies Bill, which covers every kind of disaster from terrorism to the weather, will be the biggest shake-up of emergency laws since the early part of the last century, replacing legislation which saw the UK through a world war and the IRA bombing campaign. Some of the proposals in the draft version of the Bill, drawn up in the summer, have alarmed civil rights activists, notably a clause that gives the Government the power to suspend parts or all of the Human Rights Act without a vote by MPs. Once an emergency has been proclaimed by the Queen, the Government can order the destruction of property, order people to evacuate an area or ban them from travelling, and "prohibit assemblies of specified kinds" and "other specified activities". If these rules had been in force during the Iraq war, critics say, they could have been used to to ban street demonstrations, making anyone who travelled to protest guilty of a criminal offence. After a major terrorist attack, forums made up of local councils, the emergency services and utility companies would be put in charge of trying to get shattered communities back together. Ndemo. > Ok. Thanks. > > Sent from my BlackBerry® wireless device > > -----Original Message----- > From: bitange(a)jambo.co.ke > > Date: Mon, 15 Dec 2008 19:12:04 > To: <dmakali(a)yahoo.com> > Cc: <bitange(a)jambo.co.ke>; KICTAnet ICT Policy > Discussions<kictanet(a)lists.kictanet.or.ke> > Subject: Re: [kictanet] [ke-internetusers] Kenya > communications(amendment)Bill: Is media overacting? > > > David, > There was a hitch. It will be in all papers tomorrow and will ensure you > get the soft copy. > > > Ndemo. > > > >> >> I have treid to find the amended bill online with no success; was it >> uploaded as promised? someone please? >> david >> >> >> _______________ >> >> "If my doctor told me I had only six minutes to live, >> I wouldn't brood. I'd type a little faster." >> â Isaac Asimo, Columbian Author and Scientist >> _______________ >> >> PO Box 3234 >> 00200 Nairobi, Kenya >> cell: +254 722 517 540 >> >> >> --- On Mon, 12/15/08, bitange(a)jambo.co.ke <bitange(a)jambo.co.ke> wrote: >> >>> From: bitange(a)jambo.co.ke <bitange(a)jambo.co.ke> >>> Subject: Re: [kictanet] [ke-internetusers] Kenya >>> communications(amendment)Bill: Is media overacting? >>> To: dmakali(a)yahoo.com >>> Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> >>> Date: Monday, December 15, 2008, 1:04 AM >>> Mike, >>> Thank you for your objective views. You know very well >>> that there are >>> thousands of youth out there who have patiently waited for >>> this bill to >>> allow them trade on-line. Now Media calls theirs. >>> >>> The outcomes of the Kriegler and Waki would hopefully deal >>> with political >>> impunity. Who will deal with media impunity? In my view >>> we must push >>> this Bill to ensure that electronic media does not continue >>> to corrupt our >>> children's minds. >>> >>> Ndemo. >>> >>> >>> > Dr. Ndemo, >>> > >>> > I hope that the media note that they are on the wrong >>> path and move to >>> > change their approach. In hindsight they might realize >>> that the issues at >>> > hand could have been tackled differently.The >>> media's most recent actions >>> > only make it more difficult to resolve the very same >>> issues they are >>> > protesting. >>> > >>> > The Nation's editorial perhaps represents the >>> divergence in views between >>> > the media owners, their supporters and responsible >>> journalists who may >>> > have >>> > seen that things are steering in a dangerous >>> direction. As the matter >>> > drags >>> > on, various elements will try to take advantage and >>> jump onto the >>> > bandwagon >>> > to further certain agendas. It is this catalyst that >>> is worrisome, as >>> > there >>> > is the possibility that just as the media issue has >>> somehow been tied to >>> > economic issues, the media issue could easily be >>> misused by those who have >>> > little to do with the media. >>> > >>> > The country has many volatile problems that should not >>> be exploited, some >>> > of >>> > those jumping onto the media bandwagon may be seeking >>> to detract from >>> > matters facing them, others have personal agendas in >>> mind that can only >>> > progress if they are disguised as media and economic >>> issues. The media >>> > hopefully is looking at these issues in a responsible >>> manner, will >>> > exercise >>> > diplomacy and engage the Government in a civil way as >>> the best way to >>> > resolve the impasse. There are many Kenyans suffering >>> today from matters >>> > not >>> > within their control, it is a dangerous thing for the >>> media to act in a >>> > way >>> > that could easily stir these masses to non-civil >>> action as measures are >>> > being taken to alleviate these problems. The media has >>> a corporate >>> > responsibility in ensuring that it exhausts all civil >>> means of ensuring >>> > the >>> > matters are resolved. >>> > >>> > It is encouraging to know that the Government is open >>> for discussion, but >>> > there is only so much that the Government can do on >>> legislative matters. >>> > The >>> > Government can draft, prepare and adjust laws but it >>> cannot pass the same >>> > in >>> > parliament. The media must do more on its own in >>> approaching not just key >>> > leaders but ultimately the legislators who actually >>> vote to pass the same >>> > laws. >>> > >>> > >>> > On Sun, Dec 14, 2008 at 5:11 PM, >>> <bitange(a)jambo.co.ke> wrote: >>> > >>> >> Thanks Theuri, >>> >> Since Government is open for discussion, diplomacy >>> would yield better >>> >> results. I have seen their action plan which by >>> the way violates cck >>> >> licence agreement it is not the best rout to take. >>> Having spent all >>> >> weekend >>> >> using public resources (frequencies) to propagate >>> violence, they should >>> >> at >>> >> least wait to hear from cck. >>> >> >>> >> If you read today's Nation editorial on how to >>> end impunity including >>> >> media >>> >> impunity you wonder if they are the same people >>> inciting the public to >>> >> violence. >>> >> >>> >> Ndemo >>> >> Sent from my BlackBerry(R) >>> >> >>> >> -----Original Message----- >>> >> From: "Mike Theuri" >>> <mike.theuri(a)gmail.com> >>> >> >>> >> Date: Sun, 14 Dec 2008 13:19:01 >>> >> To: <bitange(a)jambo.co.ke> >>> >> Cc: KICTAnet ICT Policy >>> Discussions<kictanet(a)lists.kictanet.or.ke> >>> >> Subject: Re: [kictanet] [ke-internetusers] Kenya >>> communications >>> >> (amendment)Bill: Is media overacting? >>> >> >>> >> >>> >> _______________________________________________ >>> >> kictanet mailing list >>> >> kictanet(a)lists.kictanet.or.ke >>> >> >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >>> >> >>> >> This message was sent to: bitange(a)jambo.co.ke >>> >> Unsubscribe or change your options at >>> >> >>> http://lists.kictanet.or.ke/mailman/options/kictanet/bitange%40jambo.co.ke >>> >> >>> >> >>> > >>> > ---------------------------------------------- >>> > This message has been scanned for viruses and >>> > dangerous content by Jambo MailScanner, and is >>> > believed to be clean. >>> > --------------------------------------------- >>> > "easy access to the world" >>> > >>> > >>> >>> >>> >>> ---------------------------------------------- >>> This message has been scanned for viruses and >>> dangerous content by Jambo MailScanner, and is >>> believed to be clean. >>> --------------------------------------------- >>> "easy access to the world" >>> >>> >>> _______________________________________________ >>> kictanet mailing list >>> kictanet(a)lists.kictanet.or.ke >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >>> >>> This message was sent to: dmakali(a)yahoo.com >>> Unsubscribe or change your options at >>> http://lists.kictanet.or.ke/mailman/options/kictanet/dmakali%40yahoo.com >> >> >> >> >> ---------------------------------------------- >> This message has been scanned for viruses and >> dangerous content by Jambo MailScanner, and is >> believed to be clean. >> --------------------------------------------- >> "easy access to the world" >> >> > > > > ---------------------------------------------- > This message has been scanned for viruses and > dangerous content by Jambo MailScanner, and is > believed to be clean. > --------------------------------------------- > "easy access to the world" > > > ---------------------------------------------- > This message has been scanned for viruses and > dangerous content by Jambo MailScanner, and is > believed to be clean. > --------------------------------------------- > "easy access to the world" > > ---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"

8 9

The ICT Bill, Freedom, and Democracy
by Crystal Watley 16 Dec '08

16 Dec '08

A free and fair media is a necessary element in any democracy. The press is the watchdog of the government. They ensure that the truth be told. The government should have no power in a democracy to control news outlets. If the bill is signed the government is essentially stealing the voice of the people so they will be able to declare a "state of emergency" when it is convenient for them. Giving the government a gag hold on the media's ability to report the truth. The Universal Declaration of Human Rights written 10 December 1948 contains two articles which are in direct opposition to Article 88 *Article 19.* Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. *Article 20.* (1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association. The government already bears the right to legislate the process of broadcasting and many aspects of the bill are enlightened and will serve us well in the future, but it is necessary that it is not passed in its current form. As human beings and as Kenyan citizens we are born with the right to voice our opinions, thoughts, feelings, and demands. Is Kenya is a democracy in the Liberal sense? Then it must be bound by the tenets of Jean-Jacques Rousseau, one of the philosophical fathers of the legislative democracy. The current constitution and rule of law is an altered copy of the democratic system of government in the United Kingdom whose constitutions and political thought stem in part from his writings. In the Social Contract by Rousseau he states that "Nothing is more dangerous than influence of private interests on public affairs and abuse of the laws of the government is LESS evil than the corruption of the legislator, which is the infallible result of the pursuit of private interests." He continues that "there is no government so subject to civil wars and internal agitations then the democratic or popular, because there is none which tends so strongly and so constantly to change its form, one who demands more vigilance and courage to be maintained in its own form. It is especially in this constitution that the citizen should arm himself with strength and steadfastness, and every day of his life from the bottom of his heart what a virtuous Palatine said in the "Diet of Poland"; Malo Periculosam libertatem quam quietum seritium." This translates into English as I prefer a perilous freedom to a peaceful slavery. In Swahili - heri kupigania uhuru kuliko amani utumuani! Crystal Kigoni Voices of Africa for Sustainable Development 2008/12/15 Moto Baridi <motobaridi(a)motobaridi.com> > next thing, they'll require ISP's to block sites that include any > "offensive" text or image. > Did you just search for "paedophile" in Wikipedia? > *"Sorry. The page you requested has been deemed inappropriate by > parliament and shall not be displayed. If you have any queries, please > contact your MP."* > then they'll storm your house and confiscate those Nigerian movies because > of that barely-visible 1.2 sec bedroom scene. > this is the first step on the slippery slope towards *gov't-sponsored* net > censorship. > unfortunately, even where it has been implemented by people who understand > much > more about these things,it has failed miserably in ALL instances. > when will people ever learn from the painful experiences of others (e.g. > Australia)?? > > yours cynically, > [motobaridi] > [carpe noctem] > > _______________________________________________ > skunkworks mailing list > skunkworks(a)my.co.ke > http://ole.kenic.or.ke/mailman/listinfo/skunkworks > Blog http://skunkworks-ke.blogspot.com > Beta Blog http://blog.my.co.ke > Get Skunkworks RSS Feeds: http://www.jahazi.com/rss/ > -- Crystal "Naliaka" Watley Voices of Africa crystal(a)voicesofafrica.org http://www.voicesofafrica.org/ "You must be the change you wish to see" - Gandhi

2 1

Stakeholders
by Lobore Junior 16 Dec '08

16 Dec '08

Guys, Who are Stakeholder? insofar as this media bill is concern ? does it only affect the operations of MP's and media owners ?, are leaving out others , Oh yes.and I have always reiterated that Nairobi is not kenya but part of it and isues that affects all kenya should be given enough time. MP's should consult their constituents on such crucial matters.. by the way this is not the first time, this guys are failing us. its becoming routine. back to my questions, who are the stakeholders? Regards. Loa.

3 2

KCA Ammendment, moving forward
by Harry Hare 16 Dec '08

16 Dec '08

Dear All, I think it will add a lot of value if people paused for a bit and spend sometime to educate themselves on the clauses of the bill before commenting on it. Making suggestions and comments based on inaccurate media reports will not add value to this debate. I think what we are seeing is the complexity of legislating in a converged environment. As much as technologies have converged, the legal environment is yet to catch up and so are the stakeholders. Those in the know have been advising that the bill has too much scope and therefore too many stakeholders making it very difficult to steer through with all the stakeholders maintaining interest and therefore participate fully in the consultations. For instance, the ICT stakeholders want the bill through because it makes sense to them, but not our brothers and sisters from the forth estate. So how do we move forward? I think, we need to convince our media colleagues that there is no malice in the bill and they are not targeted. Let the President sign the bill in its current form but agree on a programme for an immediate amendment (just like the proposed programme on the e-Transactions section), pulling out all the media/broadcast clauses into a separate bill. So the sector will then have 3 separate bills, the Kenya Communication Amendment Bill, the e-Transactions Bill and the Media Bill. The convergence route is trendy and interesting but the reality at the moment is, we may not be able to effectively engage all the stakeholders and have a law that cuts across everything, which unfortunately is the nature of ICT. Kindest Regards Harry African eDevelopment Resource Centre eDevelopment House : : 604 Limuru Road Old Muthaiga : : P O Box 49475 00100 Nairobi : : Kenya T +254 20 3741646/7 : : C +254 725 650044 Training : : Research : : Consultancy

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Re: [kictanet] [ke-internetusers] Kenya communications (amendment) Bill: Is media overacting?
by Wainaina Mungai 16 Dec '08

16 Dec '08

David, I am very much involved the media and you & I know that it was agreed that the Action Plan includes a "blackout to..." as well as all the issues I indicated.The point is clear. I have told the truth relating to the content of the Action Plan. The question of execution is separate. Ndemo having been on K24 is does not change much but it is not in line with the Action Plan....meaning, we need to complement K24 for that step. Let's be honest in our submissions especially concerning such revelations. Wainaina On 12/14/08, dmakali(a)yahoo.com <dmakali(a)yahoo.com> wrote: > That's not true. You have obviously exaggerated in trying to put across your > cheap propaganda. Ndemo was on k24 this morning and he was of course not > opposing the bill. Plus, you should ask yourself, who has come out to > support the bill and not been given airtime. > Yes, the media is campaigning, but it has not yet agreed or employed any of > the strategies you have listed. Their time is coming. And we don't need to > go to previous regimes to show brutal attacks against the media. The worst > have taken place under the current regime! > You have more to be grateful than disgusted with the media. Be just a little > more reflective and considerate otherwise your diabolical hatred of the > media lacks foundation. > David > Sent from my BlackBerry(R) wireless device > > -----Original Message----- > From: "Wainaina Mungai" <wainaina(a)madeinkenya.org> > > Date: Sun, 14 Dec 2008 17:08:09 > To: <dmakali(a)yahoo.com> > Cc: KICTAnet ICT Policy Discussions<kictanet(a)lists.kictanet.or.ke> > Subject: Re: [kictanet] [ke-internetusers] Kenya communications (amendment) > Bill: Is media overacting? > > > The truth is that the "supporters" you see on TV, hear on radio, read > in papers are not by accident. The Media Owners Association (MoA) > crafted a campaign strategy that includes the "media blackout to all > MPs who supported the Bill and The Ministry of Information & > Communications". > > According to persons privy to the media campaign strategy, we have a > big problem here and it's about time Kenyans were told the objective > truth. Unfortunately, the people who own the media houses are > determined to use every possible means to ensure the Bill is not > signed. You will not hear a supporter of the Bill being given > coverage. > > Why? > > The strategy is clearly not intended to yield an objective result. The > intention is to shape public opinion even through biased reporting. > The strategy includes: > > 1. Ensure President dioesn't sign the Bill, by publicly petitioning him. > 2. Take advantage of Jamhuri Day to show images of raids conducted by > previous regimes. > 3. Run a media campaign that includes 'same headline' in all papers > and similar headlines on electronic media. > 4. Shape public opinion through campains and show that the Bill is > unconstitutional...etc etc > 5. Blackout all supporters of the Bill, Ministry & only invite civil > society players who support the interests of the media. Keep watching > and you'll notice the biased reporting. > 6. The coverage of the issue in the weekend papers (circulation) is > also part of the strategy. This will not stop until the President > yields to the Media's agenda. > > The media has the right to petition the President but the problem with > their campaign is that Media Owners have actually agreed not to cover > the issue objectively. They have conspired to shape public opinion by > all possible means including excluding all those who have a different > opinion. > > In doing so, they demonstrate the need for legislative regulation. The > nation is now at the mercy of the media and the public will only be > fed with one side of the story. > > Over to you. > Wainaina > > > On 12/14/08, Kinuthia Muchane <muchanek(a)gmail.com> wrote: >> Habari, >> Maybe the media is overacting, maybe the the MPs are wrong... But one >> interesting thing about this issue is the timidity of the MPs, to begin >> with, in the news all I am hearing are our dear elected representatives >> vowing their undying support for all sorts of freedom, including that of >> Press, so my question is, isn't there one, single MP who supported >> passing of the Bill who can come out in defence of his or her stand? Or >> is it because they always pander to the Press, they do not want to be >> seen in 'bad' light . >> >> On the other hand, most of us take what we hear on the radio or watch on >> TV as gospel truth, and the unfortunate fact of life is that the >> majority of us have no other source of information, or do not seek other >> avenues of >> getting information, a fact very well >> known by members of the so called "Fourth Estate". So when they drench >> us with "details" about the dangers of the bill's amendment no matter how >> skewed their >> opinion is, we will believe them hook, line and sinker! >> If you ask me, in a country like ours with a very shaky social, >> political and economic foundation, these merchants of >> "information" should be very closely and regularly monitored, a Radio >> Mille Collines can happen here very easily... >> In any case, ain't all these media 'houses' just commercial enterprises >> out to make a tidy profit? >> >> Kinuthia... >> >> >> >> _______________________________________________ >> ke-internetusers mailing list >> ke-internetusers(a)bdix.net >> http://www.bdix.net/mailman/listinfo/ke-internetusers >> > > -- > Sent from my mobile device > > --- > http://www.bungesms.com > > TWITTER - http://www.twitter.com/bungesms > > KABISSA.org - > http://www.kabissa.org/about/news/member-spotlight-made-kenya-network > > KAMPALA Workshop presentation - > http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenya… > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > This message was sent to: dmakali(a)yahoo.com > Unsubscribe or change your options at > http://lists.kictanet.or.ke/mailman/options/kictanet/dmakali%40yahoo.com > -- Sent from my mobile device --- http://www.bungesms.com TWITTER - http://www.twitter.com/bungesms KABISSA.org - http://www.kabissa.org/about/news/member-spotlight-made-kenya-network KAMPALA Workshop presentation - http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenya…

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ICT bill discussion
by aki 16 Dec '08

16 Dec '08

After a few days of reading the draft bill in relation to ICT sections 42-86, I wish to commend the various players, ict professionals for the excellent points contained in the bill which are stepping stones for further development. However, I'd like to make some comments about sections require better definitions in the near future or if possible amendments before it became law. Due to the nature of the vagueness, the laws can be exploited by self interpretations and could lead to misuse. If I may list these ( going by the draft as I do not have the final version ) : - Section 57 : More specifics needed - Section 61 to 67 : computer related and security. Is this about public or private networks and computers/servers connected to these? There is no provision in the bill that public sector/ private sector who deal with financials, senstitive info etc must comply with tougher systems that are not easily broken into or abused. This must be a two way street. How easily a system can be compromised depends on how well it is defended with appropriate technology. - Section 69 : More specifics needed - Section 70 : More specifics needed - Section 71 : More specifics needed - Section 73 : More specifics needed, similar to 61-67,70 - Section 74, 75 : More specifics needed Also not covered is data co-location services that should be mandatory for public sector and possibly private sector that hold financial, public databases and records incase of fire/theft or "sudden" disappearences. Clarity on paper would make the bill a huge success within the ICT portions. With Rgds.

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Re: [kictanet] [ke-internetusers] Kenya communications (amendment) Bill: Is media overacting?
by Wainaina Mungai 16 Dec '08

16 Dec '08

The truth is that the "supporters" you see on TV, hear on radio, read in papers are not by accident. The Media Owners Association (MoA) crafted a campaign strategy that includes the "media blackout to all MPs who supported the Bill and The Ministry of Information & Communications". According to persons privy to the media campaign strategy, we have a big problem here and it's about time Kenyans were told the objective truth. Unfortunately, the people who own the media houses are determined to use every possible means to ensure the Bill is not signed. You will not hear a supporter of the Bill being given coverage. Why? The strategy is clearly not intended to yield an objective result. The intention is to shape public opinion even through biased reporting. The strategy includes: 1. Ensure President dioesn't sign the Bill, by publicly petitioning him. 2. Take advantage of Jamhuri Day to show images of raids conducted by previous regimes. 3. Run a media campaign that includes 'same headline' in all papers and similar headlines on electronic media. 4. Shape public opinion through campains and show that the Bill is unconstitutional...etc etc 5. Blackout all supporters of the Bill, Ministry & only invite civil society players who support the interests of the media. Keep watching and you'll notice the biased reporting. 6. The coverage of the issue in the weekend papers (circulation) is also part of the strategy. This will not stop until the President yields to the Media's agenda. The media has the right to petition the President but the problem with their campaign is that Media Owners have actually agreed not to cover the issue objectively. They have conspired to shape public opinion by all possible means including excluding all those who have a different opinion. In doing so, they demonstrate the need for legislative regulation. The nation is now at the mercy of the media and the public will only be fed with one side of the story. Over to you. Wainaina On 12/14/08, Kinuthia Muchane <muchanek(a)gmail.com> wrote: > Habari, > Maybe the media is overacting, maybe the the MPs are wrong... But one > interesting thing about this issue is the timidity of the MPs, to begin > with, in the news all I am hearing are our dear elected representatives > vowing their undying support for all sorts of freedom, including that of > Press, so my question is, isn't there one, single MP who supported > passing of the Bill who can come out in defence of his or her stand? Or > is it because they always pander to the Press, they do not want to be > seen in 'bad' light . > > On the other hand, most of us take what we hear on the radio or watch on > TV as gospel truth, and the unfortunate fact of life is that the > majority of us have no other source of information, or do not seek other > avenues of > getting information, a fact very well > known by members of the so called "Fourth Estate". So when they drench > us with "details" about the dangers of the bill's amendment no matter how > skewed their > opinion is, we will believe them hook, line and sinker! > If you ask me, in a country like ours with a very shaky social, > political and economic foundation, these merchants of > "information" should be very closely and regularly monitored, a Radio > Mille Collines can happen here very easily... > In any case, ain't all these media 'houses' just commercial enterprises > out to make a tidy profit? > > Kinuthia... > > > > _______________________________________________ > ke-internetusers mailing list > ke-internetusers(a)bdix.net > http://www.bdix.net/mailman/listinfo/ke-internetusers > -- Sent from my mobile device --- http://www.bungesms.com TWITTER - http://www.twitter.com/bungesms KABISSA.org - http://www.kabissa.org/about/news/member-spotlight-made-kenya-network KAMPALA Workshop presentation - http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenya…

8 13

Mobile to Rule the Internet as Primary Device in 2020, Says Pew]
by alice 15 Dec '08

15 Dec '08

http://www.wirelessandmobilenews.com/2008/12/mobile_to_rule_the_internet_as… Mobile to Rule the Internet as Primary Device in 2020, Says Pew By Reporter Wireless and Mobile News on December 14, 2008 6:04 PM Watch out world, the mobile internet life is approaching soon. According to a survey of experts by the Pew Internet & American Life Project that asked expert respondents to assess predictions about technology and its roles in the year 2020: Some 77% said the mobile computing device (the smartphone) with more significant computing power will be 2020's primary global Internet-connection platform. 64% favored the idea that 2020 user interfaces will offer advanced touch, talk and typing options and some added a fourth "T" - think. Nearly four out of five respondents (78%) said the original Internet architecture will not be completely replaced by a next-generation 'net by 2020. Three out of five respondents (60%) disagreed with the idea that legislatures, courts, the technology industry, and media companies will exercise effective intellectual property control by 2020. A majority--56%--agreed that in 2020 "few lines (will) divide professional from personal time, and that's OK." More than half (55%) agreed that many lives will be touched in 2020 by virtual worlds, mirror worlds, and augmented reality, while 45% disagreed or did not answer the question. The report entitled "Future of the Internet III" is built around respondents' responses to scenarios stretching to the year 2020, and hundreds of their written elaborations address such topics as: the methods by which people will access information in the future; the fact that technology is expanding the potential for hate, bigotry and terrorism; the changes that will occur in human relationships due to hyper-connected communication; the future of work and employer-employee relationships; the evolution of the tools for and use of augmented reality and virtual reality; the strength of respondents' concerns that the global corporations and governments currently in control of most resources might impede or even halt the open development of the internet; and the challenges to come as issues tied to security, privacy, digital identities, tracking and massive databases collide. "A strong undercurrent of anxiety runs through these experts' answers: They are quite sure the internet and cell phones will continue to advance at an amazing clip, but they are not at all sure people will make the same kind of progress as they embrace better, faster, cheaper gadgets," said Lee Rainie, Director of the Pew Internet & American Life Project. "The picture they paint of the future is that technology will give people the power to be stronger actors in the political and economic world, but that won't necessarily make it a kinder, gentler world." The Pew Internet/Elon University survey was conducted online by invitation to experts identified in an extensive literature review and to active members of several key technology groups, among them: The Internet Society, The World Wide Web Consortium, the Multistakeholder Group on Internet Governance, ICANN, Internet2 and the Association of Internet Researchers. Many respondents are at the pinnacle of internet leadership. Some respondents are "working in the trenches" of building the Web; most of the people in this latter category came to the survey by invitation to those on the email list of the Pew Internet Project. The survey was an "opt in," self-selecting effort. That process does not yield a random, representative sample. Full results of the survey, including engaging quotes from hundreds of respondents and brief biographies on many of these people, can be found on the web here. _______________________________________________ AfrICANN mailing list AfrICANN(a)afrinic.net https://lists.afrinic.net/mailman/listinfo.cgi/africann

1 0

Re: [kictanet] [ke-internetusers] Kenya communications (amendment) Bill: Is media overacting?
by Brian Longwe 15 Dec '08

15 Dec '08

I too, feel that this is overreaction and misrepresentation by the media. How many of the very vocal media personalities who appeared protesting have even read the proposed legislation? If they did, they would see that the powers granted are only applicable during a state of emergency. Other laws set out the process and conditions by which a state of emergency can be called. Our experiences with the post-election crisis this year exposed how partisan and instrumental media can be to fuel discontent and in many cases, media related information was used to take lives. Have the more responsible media houses forgotten so quickly the regret and guilt they expressed, when they started crying out for peace - after they realised how seriously wrong their transmissions were taken by the public? It is true that when Govt invited stakeholders to make representations regarding the bill, the media houses that bothered to send personnel sent only very junior officials - there's no knowing what kind of feedback/representations these underlings took back to their bosses. How many media houses sent representations to the house committee that was responsible for the bill when they were invited to do so? To what extent did they engage with informed contributions, proposed modifications or even proposed text to replace the offending sections? People need to realise that things like this don't happen overnight, law-making is a process that provides any citizen with the right and the opportunity to make their views felt and known. The masses that have been mobilised by the media houses should have been in Mombasa when govt, the house committee and stakeholders were meeting to among other things look at sections of the Kenya communications amendment act - not now, when their elected representatives have yielded to the due process and submitted the bill to the President. my two-pence, Brian On 12/13/08, Grace Bomu <nmutungu(a)gmail.com> wrote: > > I had signed up for the mars group protest yesterday on the > representation that it was a protest on food prices and MP'S refusal > to pay taxes. > I am disgusted that the media have used our voices for their causes > exclusively, disregarding ours. > As a Kenyan, i think there should be a review on cross-ownership of > media if democracy is to thrive. Also, considering the role of the > media in fueling ethnic/ regional backlash since 2003, isn't there > need for a check on them? > There may be misgivings on the arbitraly powers conferred to the > Minister in charge of security but media has to be checked. > The media should give suggestions on alternative ways to check them > instead of using all their airtime and acres of newspapers to win > public sympathy. > Finally, they should stop branding it ' media bill' as the bill is not > a conspiracy against media but a bill to amend the communications act. > > -- > Sent from Gmail for mobile | mobile.google.com > > Grace L.N. Mutung'u > +254721898732 > +254736091242 > Kenya > _______________________________________________ > ke-internetusers mailing list > ke-internetusers(a)bdix.net > http://www.bdix.net/mailman/listinfo/ke-internetusers > -- Brian Munyao Longwe e-mail: blongwe(a)gmail.com cell: + 254 722 518 744 blog : http://zinjlog.blogspot.com meta-blog: http://mashilingi.blogspot.com

5 6

Re: [kictanet] [ke-internetusers] Kenya communications (amendment) Bill: Is media overacting?
by Wainaina Mungai 15 Dec '08

15 Dec '08

Ok Aduda, Suggest an alternative informed direction. Wainaina On 12/15/08, David Aduda <daduda(a)nation.co.ke> wrote: > Wanaina, > > I've been wondering why you are so stuck to one position and so dismissive > of others even when people have constructive ideas! Debate is a two-way > affair and respect for other views. We respect your view, even if we don't > agree with it, but don't railroad everyone in one direction. > > Aduda > >> ---------- >> From: kictanet-bounces+daduda=nation.co.ke(a)lists.kictanet.or.ke on behalf >> of Wainaina Mungai >> Sent: Monday, December 15, 2008 7:06 PM >> To: David Aduda >> Cc: KICTAnet ICT Policy Discussions >> Subject: Re: [kictanet] [ke-internetusers] Kenya communications >> (amendment)Bill: Is media overacting? >> >> Crystal et. al., >> >> Other than for a few if any, you are preaching to the choir on matters >> of the need for a "free and fair" press. We have been on the job as >> stations were shut down but that does not cloud our objectivity. We >> must discuss a fair way forward on specifics scenarios pointed out by >> Bill Kagai and others. Do not forget that the media has not been >> acting "free" and "fair". A fair press would have been objective and >> would not conspire and document their intention to sway public opinion >> through biased reporting (see the Action Plan in this thread). >> >> Way forward: >> 1. President fails to ascent: We are stuck with Section 88 for another >> 6months at a very minimum. No guarantee we'll make progress on the >> other aspects after losing 6months of much needed reforms. >> >> 2. President ascents. We still have Section 88 but this time, we are >> better off as a country on all other aspects of the Bill. If the media >> wants support in 6months for a separate Bill to repeal Section 88, >> then they can lobby us and the MPs for support. >> >> Note that the media you call "free and fair" abused their licence >> provisions through the "Action Plan" to manipulate the public to >> support them. The one-sided reporting continues except on K24 TV. >> >> Let's be very fair and honest in our proposals. >> >> Wainaina >> >> >> >> On 12/15/08, Crystal Watley <crystal(a)voicesofafrica.org> wrote: >> > Brian, >> > >> > The meeting was not made public knowledge. If it had been then possibly >> > more >> > would have attended. Myself included. >> > >> > The Communications Bill contains many well thought out policies that >> > will >> > benefit Kenya in its quest to become an leader in information and >> > communications technology in the region. I read the bill when it came >> > out in >> > its first draft form and twice more during the consultation and >> > amendment >> > period. The bill is still not ready to be passed into law. As it is a >> > serious piece of legislature it needs more discussion especially in open >> > public forums. Once the general public and the media take an issue with >> > a >> > piece of legislation it should be tabled and discussed until necessary >> > revisions are made. I would like to reiterate this bill is not ready to >> > be >> > passed into law. If it is I would encourage the media institutions to >> > challenge its legality in court. It has already been rejected in the >> > court >> > of public opinion. >> > >> > If what Dr. Ndemo and others say about the ability of the president to >> > amend >> > the act, although Kibaki is in a catch 22, he should see that the media >> > stays free. What Kenyans should be afraid of is giving the government >> > the >> > power to decide on what dictates a "state of emergency". This has been >> > used >> > in other countries to suppress the masses and give all control to a few >> > powerful individuals. The control of the many by the few is something we >> > already see in Kenya. Information and communications technologies are to >> > improve INFORMATION AND COMMUNICATIONS. The proliferation of Kenyan >> > content >> > cannot be stilfed by the law or many will shy away from their use due to >> > fear. >> > >> > Crystal >> > >> > On Sat, Dec 13, 2008 at 6:36 PM, Brian Longwe <blongwe(a)gmail.com> wrote: >> > >> >> >> >> I too, feel that this is overreaction and misrepresentation by the >> >> media.> >> >> How many of the very vocal media personalities who appeared protesting >> >> have >> >> even read the proposed legislation? If they did, they would see that >> >> the >> >> powers granted are only applicable during a state of emergency. Other >> >> laws >> >> set out the process and conditions by which a state of emergency can be >> >> called. >> >> >> >> Our experiences with the post-election crisis this year exposed how >> >> partisan and instrumental media can be to fuel discontent and in many >> >> cases, >> >> media related information was used to take lives. >> >> >> >> Have the more responsible media houses forgotten so quickly the regret >> >> and >> >> guilt they expressed, when they started crying out for peace - after >> >> they >> >> realised how seriously wrong their transmissions were taken by the >> >> public? >> >> >> >> It is true that when Govt invited stakeholders to make representations >> >> regarding the bill, the media houses that bothered to send personnel >> >> sent >> >> only very junior officials - there's no knowing what kind of >> >> feedback/representations these underlings took back to their bosses. >> >> >> >> How many media houses sent representations to the house committee that >> >> was >> >> responsible for the bill when they were invited to do so? To what >> >> extent >> >> did >> >> they engage with informed contributions, proposed modifications or even >> >> proposed text to replace the offending sections? >> >> >> >> People need to realise that things like this don't happen overnight, >> >> law-making is a process that provides any citizen with the right and >> >> the >> >> opportunity to make their views felt and known. The masses that have >> >> been >> >> mobilised by the media houses should have been in Mombasa when govt, >> >> the >> >> house committee and stakeholders were meeting to among other things >> >> look >> >> at >> >> sections of the Kenya communications amendment act - not now, when >> >> their >> >> elected representatives have yielded to the due process and submitted >> >> the >> >> bill to the President. >> >> >> >> my two-pence, >> >> >> >> Brian >> >> >> >> >> >> On 12/13/08, Grace Bomu <nmutungu(a)gmail.com> wrote: >> >>> >> >>> I had signed up for the mars group protest yesterday on the >> >>> representation that it was a protest on food prices and MP'S refusal >> >>> to pay taxes. >> >>> I am disgusted that the media have used our voices for their causes >> >>> exclusively, disregarding ours. >> >>> As a Kenyan, i think there should be a review on cross-ownership of >> >>> media if democracy is to thrive. Also, considering the role of the >> >>> media in fueling ethnic/ regional backlash since 2003, isn't there >> >>> need for a check on them? >> >>> There may be misgivings on the arbitraly powers conferred to the >> >>> Minister in charge of security but media has to be checked. >> >>> The media should give suggestions on alternative ways to check them >> >>> instead of using all their airtime and acres of newspapers to win >> >>> public sympathy. >> >>> Finally, they should stop branding it ' media bill' as the bill is not >> >>> a conspiracy against media but a bill to amend the communications act. >> >>> >> >>> -- >> >>> Sent from Gmail for mobile | mobile.google.com >> >>> >> >>> Grace L.N. Mutung'u >> >>> +254721898732 >> >>> +254736091242 >> >>> Kenya >> >>> _______________________________________________ >> >>> ke-internetusers mailing list >> >>> ke-internetusers(a)bdix.net >> >>> http://www.bdix.net/mailman/listinfo/ke-internetusers >> >>> >> >> >> >> >> >> >> >> -- >> >> Brian Munyao Longwe >> >> e-mail: blongwe(a)gmail.com >> >> cell: + 254 722 518 744 >> >> blog : http://zinjlog.blogspot.com >> >> meta-blog: http://mashilingi.blogspot.com >> >> _______________________________________________ >> >> kictanet mailing list >> >> kictanet(a)lists.kictanet.or.ke >> >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> >> >> This message was sent to: crystal(a)voicesofafrica.org >> >> Unsubscribe or change your options at >> >> http://lists.kictanet.or.ke/mailman/options/kictanet/crystal%40voicesofafri…> >> >> >> >> >> >> >> > >> > >> > -- >> > Crystal "Naliaka" Watley >> > Voices of Africa >> > crystal(a)voicesofafrica.org >> > http://www.voicesofafrica.org/ >> > >> > "You must be the change you wish to see" - Gandhi >> > >> >> -- >> Sent from my mobile device >> >> --- >> http://www.bungesms.com >> >> TWITTER - http://www.twitter.com/bungesms >> >> KABISSA.org - >> http://www.kabissa.org/about/news/member-spotlight-made-kenya-network >> >> KAMPALA Workshop presentation - >> http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenya… >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: daduda(a)nation.co.ke >> Unsubscribe or change your options at >> http://lists.kictanet.or.ke/mailman/options/kictanet/daduda%40nation.co.ke >> >> > > DISCLAIMER: The information contained in or accompanying this e-mail is > intended for the use of the stated recipient only. It may contain > confidential, proprietary or legally privileged information. No > confidentiality or privilege is waived or lost by any mistransmission. If > you receive this message in error, please immediately delete it and all > copies of it from your system, destroy any hard copies of it and notify the > sender. You must not, directly or indirectly, use, disclose, distribute, > print, or copy any part of this message if you are not the intended > recipient. > > Any views or opinions presented herein are solely those of the author and do > not necessarily represent those of the Nation Media Group. > > 'To get all breaking news alerts send the word BREAK to 6667 or visit > http://mobile.nation.co.ke to read news on your mobile phone.' > -- Sent from my mobile device --- http://www.bungesms.com TWITTER - http://www.twitter.com/bungesms KABISSA.org - http://www.kabissa.org/about/news/member-spotlight-made-kenya-network KAMPALA Workshop presentation - http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenya…

1 0

Re: [kictanet] [ke-internetusers] Kenya communications (amendment)Bill: Is media overacting?
by David Aduda 15 Dec '08

15 Dec '08

Wanaina, I've been wondering why you are so stuck to one position and so dismissive of others even when people have constructive ideas! Debate is a two-way affair and respect for other views. We respect your view, even if we don't agree with it, but don't railroad everyone in one direction. Aduda > ---------- > From: kictanet-bounces+daduda=nation.co.ke(a)lists.kictanet.or.ke on behalf of Wainaina Mungai > Sent: Monday, December 15, 2008 7:06 PM > To: David Aduda > Cc: KICTAnet ICT Policy Discussions > Subject: Re: [kictanet] [ke-internetusers] Kenya communications (amendment)Bill: Is media overacting? > > Crystal et. al., > > Other than for a few if any, you are preaching to the choir on matters > of the need for a "free and fair" press. We have been on the job as > stations were shut down but that does not cloud our objectivity. We > must discuss a fair way forward on specifics scenarios pointed out by > Bill Kagai and others. Do not forget that the media has not been > acting "free" and "fair". A fair press would have been objective and > would not conspire and document their intention to sway public opinion > through biased reporting (see the Action Plan in this thread). > > Way forward: > 1. President fails to ascent: We are stuck with Section 88 for another > 6months at a very minimum. No guarantee we'll make progress on the > other aspects after losing 6months of much needed reforms. > > 2. President ascents. We still have Section 88 but this time, we are > better off as a country on all other aspects of the Bill. If the media > wants support in 6months for a separate Bill to repeal Section 88, > then they can lobby us and the MPs for support. > > Note that the media you call "free and fair" abused their licence > provisions through the "Action Plan" to manipulate the public to > support them. The one-sided reporting continues except on K24 TV. > > Let's be very fair and honest in our proposals. > > Wainaina > > > > On 12/15/08, Crystal Watley <crystal(a)voicesofafrica.org> wrote: > > Brian, > > > > The meeting was not made public knowledge. If it had been then possibly more > > would have attended. Myself included. > > > > The Communications Bill contains many well thought out policies that will > > benefit Kenya in its quest to become an leader in information and > > communications technology in the region. I read the bill when it came out in > > its first draft form and twice more during the consultation and amendment > > period. The bill is still not ready to be passed into law. As it is a > > serious piece of legislature it needs more discussion especially in open > > public forums. Once the general public and the media take an issue with a > > piece of legislation it should be tabled and discussed until necessary > > revisions are made. I would like to reiterate this bill is not ready to be > > passed into law. If it is I would encourage the media institutions to > > challenge its legality in court. It has already been rejected in the court > > of public opinion. > > > > If what Dr. Ndemo and others say about the ability of the president to amend > > the act, although Kibaki is in a catch 22, he should see that the media > > stays free. What Kenyans should be afraid of is giving the government the > > power to decide on what dictates a "state of emergency". This has been used > > in other countries to suppress the masses and give all control to a few > > powerful individuals. The control of the many by the few is something we > > already see in Kenya. Information and communications technologies are to > > improve INFORMATION AND COMMUNICATIONS. The proliferation of Kenyan content > > cannot be stilfed by the law or many will shy away from their use due to > > fear. > > > > Crystal > > > > On Sat, Dec 13, 2008 at 6:36 PM, Brian Longwe <blongwe(a)gmail.com> wrote: > > > >> > >> I too, feel that this is overreaction and misrepresentation by the media.> > >> How many of the very vocal media personalities who appeared protesting > >> have > >> even read the proposed legislation? If they did, they would see that the > >> powers granted are only applicable during a state of emergency. Other laws > >> set out the process and conditions by which a state of emergency can be > >> called. > >> > >> Our experiences with the post-election crisis this year exposed how > >> partisan and instrumental media can be to fuel discontent and in many > >> cases, > >> media related information was used to take lives. > >> > >> Have the more responsible media houses forgotten so quickly the regret and > >> guilt they expressed, when they started crying out for peace - after they > >> realised how seriously wrong their transmissions were taken by the public? > >> > >> It is true that when Govt invited stakeholders to make representations > >> regarding the bill, the media houses that bothered to send personnel sent > >> only very junior officials - there's no knowing what kind of > >> feedback/representations these underlings took back to their bosses. > >> > >> How many media houses sent representations to the house committee that was > >> responsible for the bill when they were invited to do so? To what extent > >> did > >> they engage with informed contributions, proposed modifications or even > >> proposed text to replace the offending sections? > >> > >> People need to realise that things like this don't happen overnight, > >> law-making is a process that provides any citizen with the right and the > >> opportunity to make their views felt and known. The masses that have been > >> mobilised by the media houses should have been in Mombasa when govt, the > >> house committee and stakeholders were meeting to among other things look > >> at > >> sections of the Kenya communications amendment act - not now, when their > >> elected representatives have yielded to the due process and submitted the > >> bill to the President. > >> > >> my two-pence, > >> > >> Brian > >> > >> > >> On 12/13/08, Grace Bomu <nmutungu(a)gmail.com> wrote: > >>> > >>> I had signed up for the mars group protest yesterday on the > >>> representation that it was a protest on food prices and MP'S refusal > >>> to pay taxes. > >>> I am disgusted that the media have used our voices for their causes > >>> exclusively, disregarding ours. > >>> As a Kenyan, i think there should be a review on cross-ownership of > >>> media if democracy is to thrive. Also, considering the role of the > >>> media in fueling ethnic/ regional backlash since 2003, isn't there > >>> need for a check on them? > >>> There may be misgivings on the arbitraly powers conferred to the > >>> Minister in charge of security but media has to be checked. > >>> The media should give suggestions on alternative ways to check them > >>> instead of using all their airtime and acres of newspapers to win > >>> public sympathy. > >>> Finally, they should stop branding it ' media bill' as the bill is not > >>> a conspiracy against media but a bill to amend the communications act. > >>> > >>> -- > >>> Sent from Gmail for mobile | mobile.google.com > >>> > >>> Grace L.N. Mutung'u > >>> +254721898732 > >>> +254736091242 > >>> Kenya > >>> _______________________________________________ > >>> ke-internetusers mailing list > >>> ke-internetusers(a)bdix.net > >>> http://www.bdix.net/mailman/listinfo/ke-internetusers > >>> > >> > >> > >> > >> -- > >> Brian Munyao Longwe > >> e-mail: blongwe(a)gmail.com > >> cell: + 254 722 518 744 > >> blog : http://zinjlog.blogspot.com > >> meta-blog: http://mashilingi.blogspot.com > >> _______________________________________________ > >> kictanet mailing list > >> kictanet(a)lists.kictanet.or.ke > >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >> > >> This message was sent to: crystal(a)voicesofafrica.org > >> Unsubscribe or change your options at > >> http://lists.kictanet.or.ke/mailman/options/kictanet/crystal%40voicesofafri…> > >> > >> > > > > > > -- > > Crystal "Naliaka" Watley > > Voices of Africa > > crystal(a)voicesofafrica.org > > http://www.voicesofafrica.org/ > > > > "You must be the change you wish to see" - Gandhi > > > > -- > Sent from my mobile device > > --- > http://www.bungesms.com > > TWITTER - http://www.twitter.com/bungesms > > KABISSA.org - http://www.kabissa.org/about/news/member-spotlight-made-kenya-network > > KAMPALA Workshop presentation - > http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenya… > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > This message was sent to: daduda(a)nation.co.ke > Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/daduda%40nation.co.ke > > DISCLAIMER: The information contained in or accompanying this e-mail is intended for the use of the stated recipient only. 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